To Sign or Not to Sign: Buhari Still Consulting on Electoral Bill, Aide Says

The Senior Special Assistant to President Muhammadu Buhari, on National Assembly Matters (Senate), Senator Babajide Omoworare, on Thursday said his principal had yet to sign the 2010 Electoral Act (Amendment) Bill 2022 because he was still consulting with stakeholders and legal experts on the issue.

Omoworare spoke at a function in Abuja, just as the former Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega; Country Representative of Westminster Foundation for Democracy, Adebowale Olorunmola and the Chairman, House of Representatives Committee on Media, Benjamin Kalu , appealed to Buhari to assent the bill without further delay .

They spoke at a Policy Dialogue programme, organised by the National Institute for Legislative and Democratic Studies (NILDS).
Omoworare told the gathering that the president was consulting with the Attorney General of the Federation , who is also the Minister of Justice, Abubakar Malami on the way forward .

He said, “A very crucial consultation is going on between Mr. President, the Attorney General and other critical stakeholders on content of the bill for the required assent.

“If not for this programme, I am supposed to be at the very important meeting, believed to be the major determinant for the fate of the bill.”
He, however, assured Nigerians that the bill would most likely be assented to by the president since issues earlier raised by him in the 2021 edition, were elaborately addressed by both chambers of the National Assembly last month .

He said, “Personally, I think in few days’ time , Mr President will do the needful since the most contentious aspect of the bill , had been addressed in the reworked one transmitted to him on Monday , January 31, 2022.

“Time as it is, is of essence but I believe that Mr. President will do the needful,” he said.
Malami also corroborated the submissions of Omoworare as he sent a message to the convener of the dialogue that his planned consultation with Buhari prevented him from attending the event.

The Director – General of NILDS, Professor Abubakar Sulaiman, said the Dialogue was convened to gain insights from stakeholders into the issues likely to shape the conduct of political parties, political gladiators, contestants and other issues Addressing the forum, Jega said no law or legislation was perfect and that what was available at the moment was good and manageable for the coming elections.

However, the representative of INEC at the discourse , Professor Bolade Eyinla said to avoid the challenge of working on electoral laws at the tail end of conducting elections , INEC should be allowed to drive the process as being done in Ghana .

He said, “The situation at hand now is that roughly a year to general election , the anticipated laws are not yet approved , meaning that the extant one will be used aside the fact that the process has not enable INEC to come up with clear cut guidelines for conduct of the elections.”

Meanwhile, the House of Representatives has clarified that lawmakers in both chambers of the National Assembly, re-amended and passed the Electoral Act (Amendment) Bill based on the interest of the general public and not selfish or personal interest.

Malami had during an interview on Channels Television hinted that President Muhammadu Buhari may withhold assent, if the bill was considered to have proposals based on personal interests.

Malami had said: “Honestly, without going through or reading through, I am not in a position to assess whether the bill, indeed, has factored the national and public interest, as against selfish interest, among others; whether it is a bill that can stand the test of constitutionality and legality.

“Certainly, if I am not satisfied and if I am of the opinion that it is against the public interest, the national interest; and then against the dictates of democratic process, I would advise accordingly.”

However, addressing journalists, yesterday, spokesman of the House of Representatives, Hon. Benjamin Kalu faulted Malami’s insinuation. He explained that there was nowhere in the constitution of the federal republic of Nigeria and the House rules where selfish interest was allowed as an instrument to be used in the process lawmaking.

According to him, in view of the dynamics of the society, challenges experienced in the country, the 2010 Electoral Act was obsolete and can no longer meet the demands, expectations, ethos and principles of democracy.

He added that if the nation was serious about advancing democracy, then people should stop playing to the gallery and do what the public interest says.

Kalu said, “And that’s why to advance that particular aspect, the Constitution and House rules made provision for public hearing, for stakeholders’ engagement for memorandum to be sent in, for presentation to be made for town halls. So, these public engagements are not self-serving because not all of them are parliamentarians.

“Some of them are civil society organisations, faith-based organisations, political organisations, traditional organisations, researchers and believers, disciples and advocates of democracy. And there is a thin line running through all their opinion and that thin line is that the 2010 electoral act is obsolete.”

He added, “This is the parliament of the people. Whatever actions that will take, motions that move, resolution we made and bills that we make, we make not as unto ourselves to the exclusion of others, we make it to the generality of Nigerians because for now, we are members of the parliament. Who knows tomorrow, we might be in the executive or even be outside the government.”

Responding to a question on if the lawmakers will lobby the President to assent to the Bill, the spokesman said they can’t as they would be interfering in the Executive’s independence as proposed by the constitution.

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